EDITOR’S NOTE: This landing page was lasted updated on July 30, 2025.
With a state compliance deadline looming on July 14, 2025, Marblehead voters face a critical decision regarding the MBTA Communities Act at their annual Town Meeting. Residents will convene on Monday, May 5, at 7 p.m. in the Veterans Middle School auditorium, One Duncan Sleigh Square, to vote on Article 23, which proposes zoning changes intended to meet the state mandate. This vote marks a significant juncture in a multi-year debate, representing the second time in as many years that a compliance plan has come before the town’s legislative body.
The underlying driver for this local debate is the MBTA Communities Act itself. Signed into law in January 2021 with broad bipartisan support, Section 3A of the state Zoning Act requires the 177 cities and towns served by the MBTA (Massachusetts Bay Transportation Authority) to create zoning allowing multi-family housing by right near transit.
The law’s objective is to address the state’s acute housing shortage by encouraging denser housing development in locations already served by public transportation infrastructure. It does not mandate the actual construction of housing but requires that the zoning potential exists. As a community adjacent to municipalities with commuter rail stations, Marblehead falls under this state mandate, leading to the current critical decision point facing its voters.
The current proposal, recent developments
The plan under Article 23 aims to fulfill the state requirement that Marblehead zone for at least 897 potential multi-family housing units across a minimum of 27 acres, with a density of at least 15 units per acre allowed “by right” (without need for special permits). The proposal designates an overlay district spanning approximately 58.4 acres across three sub-districts:
— Tioga Way (Sub-District 1): 29.8 acres with capacity for up to 483 units, including existing developments and underutilized office buildings.
— Pleasant Street (Sub-District 2): 20.6 acres near downtown with capacity for up to 295 units, suitable for mixed-use development.
— Broughton Road (Sub-District 3): 8 acres including Marblehead Housing Authority properties, with capacity for up to 119 units.
Officials note that approximately 360 multi-family units already exist within these areas, counting towards the required capacity.
The unfunded mandate?
In the lead-up to the Town Meeting, town boards have taken key actions. The Marblehead Planning Board voted unanimously in April 2025 to favorably recommend Article 23, a necessary step for reconsideration after the article failed in 2024. This followed an 8-1 vote by the Finance Committee to also support the measure, largely due to the financial risks of non-compliance. The Planning Department has continued public outreach, holding information sessions to explain the proposal.
However, the debate remains contentious. Adding complexity, State Auditor Diana DiZoglio determined in late February 2025 that the law constitutes an “unfunded mandate”. While opponents seized on this to argue for exemption or delay, Attorney General Andrea Campbell asserted the determination has no legal bearing on the requirement to comply.
A March 17 conference call between Select Board Chair Erin Noonan, Select Board member Dan Fox, and DiZoglio revealed her determination focused narrowly on direct planning costs (like creating zoning maps and hiring consultants), which Marblehead had already covered via grants, not potential future indirect infrastructure expenses. The Select Board has indicated it is bringing Article 23 forward for the Town Meeting vote while simultaneously exploring potential legal avenues related to the mandate issue.
Arguments remain sharply divided. Proponents stress the financial risks of non-compliance, the SJC’s affirmation of the law’s constitutionality (in January 2025), and argue the plan represents a reasonable way to meet state requirements while retaining local control over site plans. Opponents continue to voice concerns about impacts on town character, infrastructure, potential costs, and resist the state mandate itself.
“This is a slippery slope, and once we open the door, then we can’t stop it … The reason people move to Marblehead is because of the character of the town. And once this goes out, the character of the town is irreparably, permanently changed,”
— Michael Janko, casting the sole dissenting vote in the Finance Committee’s 8-1 decision to support the MBTA zoning article.
Non-compliance could result in the loss of eligibility for key state grant programs, potentially jeopardizing over $10 million in funding sought through Fiscal Year 2026 for critical projects like the Village Street Bridge replacement, coastal resiliency work and planning initiatives. Beyond financial penalties, the town could face legal action from the Attorney General’s Office or even court-appointed intervention, where a special master could impose zoning changes without direct local input.
The return of the 3A warrant article
This upcoming vote follows a turbulent period. The town’s first attempt at compliance was narrowly defeated by 33 votes at the May 2024 Town Meeting after a heated debate reflecting similar concerns about density, character, and state overreach. That rejection placed Marblehead in non-compliance, triggering potential penalties and making the town ineligible for certain grants.
The Select Board opted against a special Town Meeting in late 2024, choosing instead to wait for the annual meeting while monitoring legal developments. The legal landscape clarified in January 2025 when the state’s Supreme Judicial Court upheld the MBTA Communities Act’s constitutionality. Subsequently, the state’s Executive Office of Housing and Livable Communities extended the compliance deadline to July 14, 2025, creating the current window for Marblehead to act.
“The Supreme Judicial Court already decided that Marblehead is subjected to this, and 176 other towns are also subjected to this. This mandate is real, and it’s not going away.”
— Marblehead Town Counsel Jay Talerman
The compliance plan presented in 2024 was the product of over a year’s work by the Planning Board and town staff, aided by state technical assistance grants and consultants. That process, starting in late 2023, involved input from various town departments and public engagement through workshops and forums, aiming to meet state metrics while minimizing local impacts.
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CURRENT COVERAGE
AG’s MBTA-zoning advisory seals grant loss as Marblehead appeals to governor (July 15, 2025)
AG: ‘Disappointed’ in Marblehead’s 3A vote, has ‘responsibility to enforce the law’ (July 9, 2025)
BREAKING NEWS: Marblehead voters overturn multifamily housing zoning (July 8, 2025)
New 3A zoning rules will be put to the test in Tuesday vote (July 7, 2025)
TOWN MEETING REWIND? Referendum bid aims to undo 3A zoning vote (May 9, 2025)
TOWN MEETING: Marblehead says ‘yea’ to 3A (May 6, 2025)
Planning Board vote puts MBTA zoning in Town Meeting’s court (April 8, 2025)
Noonan, Fox detail conversation with state auditor (March 27, 2025)
MBTA zoning ‘unfunded mandate’ ruling sparks fierce debate (March 13, 2025)
Auditor’s ruling stirs new challenge to MBTA housing law in Marblehead (Feb. 25, 2025)
Marblehead Planning Board to host five public meetings on MBTA zoning proposal (Feb. 12, 2025)
In Sunday forum, Marblehead Housing Coalition unpacks MBTA zoning (Feb. 3, 2025)
Fire safety grants threatened as Marblehead faces MBTA zoning deadline ( Jan. 17, 2025)
State extends deadline for noncompliant MBTA communities (Jan. 14, 2025)
State’s top court says MBTA Communities Act is constitutional, guidelines must be redone (Jan. 8, 2025)
Marblehead housing advocates see clear path forward after SJC’s MBTA ruling (Jan. 8, 2025)
As of Jan. 1, Marblehead is noncompliant with state zoning law (Dec. 31, 2024)
Housing Coalition launches MBTA pledge drive, responds to conflict-of-interest charges (Oct. 28, 2024)
State launches $15M fund for MBTA Act compliance, Marblehead not eligible (Oct. 15, 2024)
Outreach program on MBTA zoning act set for Abbot Library (Oct. 15, 2024)
Marblehead watches as SJC weighs MBTA zoning law (Oct. 7, 2024)
Select Board decides to forgo special town meeting and zoning revote (Sept. 11, 2024)
Select Board’s discussion on MBTA-zoning revote sparks heated debate (Aug. 29, 2024)
Marblehead to hold special Town Meeting in November, addressing MBTA zoning changes (Aug. 19, 2024)
INCLUSIVITY: New coalition aims to bring housing diversity to Marblehead (Aug. 1, 2024)
Fair Housing Committee strategizes on MBTA zoning (July 17, 2024)
Planning Board awaits state guidance after town KOs MBTA zoning (May 8, 2024)
Voters reject MBTA zoning changes at fiery Town Meeting (May 8, 2024)
Fact check: Could the town lose millions in state grants if it rejects zoning changes? (May 6, 2024)
What’s next? Supporters rally to pass MBTA zoning (May 22, 2024)
Special Town Meeting ‘almost certain’ after voters reject MBTA zoning (May 15, 2024)
Select Board members will reluctantly back MBTA zoning (April 29, 2024)
Town hasn’t applied for grants listed in MBTA zoning law (April 25, 2024)
PLANNING BOARD: Controversial MBTA zoning changes head to Town Meeting (April 15, 2024)
Petition opposing MBTA zoning proposal surfaces (March 28, 2024)
Planning Board adds affordability requirements to MBTA zoning plan (Jan. 24, 2024)
MBTA ZONING: Town proposes three new multifamily housing districts (Jan. 18, 2024)
BALANCING ACT: MBTA zoning mandate generates hopes and fears (Nov. 3, 2023)
At MBTA-zoning meeting, residents raise concerns over impacts to schools, traffic (Nov. 1, 2023)
Tonight: Virtual public meeting set to discuss new housing mandates (Oct. 26, 2023)
State law requires town to identify a total of 27 acres of denser zoning (Sept. 19, 2023)
LETTERS TO THE EDITOR
LETTER: What happens next after rejecting 3A plan (July 16, 2025)
LETTER: Marblehead referendum challenges Town Meeting primacy (July 9, 2025)
LETTER: Resident urges no vote on zoning referendum (July 4, 2025)
LETTER: Vote yes on 3A to maintain eligibility for state grants (June 29, 2025)
LETTER: Vote yes on 3A to secure Marblehead’s zoning control (June 29, 2025)
LETTER: Candidate thanks supporters, urges no vote on 3A (June 17, 2025)
LETTER: Accept 3A zoning vote; move forward (May 10, 2025)
LETTER: Regarding 3A debate, ‘Enough.’ (May 10, 2025)
LETTER: ‘Let it go’ (May 10, 2025)
LETTER: Marblehead League of Women Voters endorses MBTA zoning (April 15, 2025)
LETTER: 3A would be a burden on the town (Feb. 24, 2025)
LETTER: 3A would be a burden on the town (Feb. 24, 2025)
LETTER: Will mandated multifamily housing in Marblehead be affordable? (Oct. 13, 2024)
LETTER: Finding middle ground in MBTA zoning (Sept. 28, 2024)
LETTER: ‘Life goes on and the consequences will too’ (Sept. 28, 2024)
LETTER: Housing plan clarification (Sept. 14, 2024)
LETTER: Housing plan exceeds state requirements (Sept. 9, 2024)
LETTER: Follow the money (Sept. 4, 2024)
LETTER: ‘This isn’t about NIMBY’ (Aug. 27, 2024)
LETTER: Government overreach drives my support for MBTA zoning (Aug. 11, 2024)
LETTERS: Wait for the courts (June 17, 2024)
LETTER: Upholding state law in MBTA zoning (June 3, 2024)
LETTER: Dan Albert on the MBTA zoning law (June 3, 2024)
LETTER: ‘The Spirit of ’76 marches forwards, not backwards’ (May 13, 2024)
LETTER: To comply or not with MBTA zoning law (April 29, 2024)
LETTER: Zoning changes would strengthen, not undermine, Marblehead’s land-use policies (April 25, 2024)
LETTER: Proposed zoning changes are good for the environment (April 25, 2024)
LETTER: Zoning debate sparks call for respectful engagement (April 9, 2024)
LETTER: Planning Board member clarifies details of proposed MBTA zoning overlay districts (April 9, 2024)
LETTER: On MBTA zoning let readers decide (April 8, 2024)
LETTER: Article on petition opposing zoning plan shows bias (April 4, 2024)
LETTER: Study costs, impact of the MBTA zoning law (Dec. 19, 2023)
COLUMNS
OPINION: The MBTA Communities Act — what it is and what it isn’t (April 22, 2025)
OPINION: Voters must weigh competing risks (April 16, 2025)
GUEST COMMENTARY: Debunking ‘the law is the law’ when it comes to the MBTA zoning act (May 28, 2024)
GUEST COLUMN: With housing plan, another chance to answer call (May 1, 2024)
EDITORIALS
EDITORIAL: Auditor’s ruling may change little (March 5, 2025)
EDITORIAL: Another chance to get it right (Feb. 19, 2025)
EDITORIAL: The other housing crisis (Jan. 29, 2025)
EDITORIAL: Sometimes, you’re the nail (Jan. 15, 2025)
EDITORIAL: Rolling the dice (Sept. 18, 2024)
EDITORIAL: Lots to chew on (May 15, 2024)
EDITORIAL: Navigating housing changes responsibly (Feb. 21, 2024)
EDITORIAL: A zoning balancing act (Sept. 27, 2023)
ZONING COMPLIANCE MODEL
The Final MBTA Community Zoning Compliance Model Presentation provided a more accessible, visual format for understanding zoning changes. The presentation below was given on the Town Meeting floor also served as a resource for those preparing for Town Meeting and provided a concise overview of key points about the MBTA zoning proposal.
THE ARTICLE 36 DEBATE
The May 7 Town Meeting debate on Article 36 is available for viewing on MHTV’s YouTube page. The debate begins at the 1:37:51 mark.
OTHER RESOURCES
Dive into the full text of Massachusetts General Law Chapter 40A, Section 3A: tinyurl.com/443fy28e and/or Article 36 presented before the Town Meeting in May: tinyurl.com/3r57xc2c.
The town’s webpage on MBTA zoning: The town’s website provides residents with essential information on how the town is approaching compliance with the MBTA Communities Zoning law. It explains the local zoning changes required to allow multi-family housing by right and outlines the town’s process for engaging with residents through public visioning sessions and meetings. The site includes links to presentations, state-provided analyses and resources that inform residents about the proposed zoning districts and the implications . VISIT: tinyurl.com/ms23fnbj.
The state’s webpage on MBTA zoning: The “Resources for MBTA Communities” webpage on Mass.gov provides comprehensive support for communities navigating the MBTA Communities Zoning Law. The page offers webinars, tutorials, sample zoning materials and guidelines to help residents understand the law’s requirements and its impact on local zoning decisions. It also includes information on technical assistance programs, compliance tools and updates on legal obligations and potential penalties for non-compliance. VISIT: tinyurl.com/3jvfvmt3.
The Massachusetts Housing Partnership’s webinar series titled “More Than Compliance: Multifamily Districts That Work in Your Community,” aimed at providing residents with a deeper understanding of MBTA zoning requirements. The series covered topics such as infrastructure, community engagement strategies, and the design of multi-family districts, focusing on how these requirements could be implemented to benefit communities. The webinars were a resource for residents interested in the broader implications of the MBTA zoning laws and strategies for advocating for development in their towns. VISIT: tinyurl.com/3859rfjv.